The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a furnisher....more
On February 1, 2021, the Southern District of New York denied Jason Wimberley’s motion to file a second amended complaint finding that despite the liberal standard applied to pro se pleadings, his proposed second amended...more
Fair Credit Reporting Act (“FCRA”) plaintiffs learned a hard lesson in procedure recently when the Second Circuit Court of Appeals affirmed the dismissal of their claim because they (presumably) failed to follow the...more
A three-judge panel in the Second Circuit recently affirmed a Connecticut district court decision dismissing a Fair Credit Reporting Act suit against Salisbury Bank and Trust Company because the customer had not notified a...more
This week, the district court for the Middle District of Pennsylvania provided us with a simple (and helpful) reminder regarding 15 U.S.C. § 1681s-2 claims: All § 1681s-2(b) claims must be initiated by alerting a credit...more
At a time when some courts allow FCRA claims to withstand motions to dismiss based on largely conclusory assertions of the elements of a FCRA violation (particularly § 1681s-2(b) claims alleging a failure to “reasonably...more
Plaintiffs’ Other FCRA Claims Survive By “Skin of their Teeth.” In Clements v. Trans Union, LLC, 2018 U.S. Dist. LEXIS 160931 (Aug. 29, 2018)[1] (“Clements”), a purported class action pending in the United States District...more